- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2017)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 30/08/2018
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[F2(1)This section applies where—
(a)a person's spouse or civil partner has died before the day on which section 29 of the Pensions Act (Northern Ireland) 2015 comes into operation (but see subsection (1A)),
(b)the person has not married or formed a civil partnership after the death but before that day, and
(c)the person is under pensionable age on that day.]
[F2(1A)This section does not apply in cases where a woman's husband has died before 9 April 2001.]
(2)The surviving spouse [F3or civil partner] shall be entitled to a widowed parent’s allowance at the rate determined in accordance with section 39C below if the deceased spouse [F3or civil partner] satisfied the contribution conditions for a widowed parent’s allowance specified in Schedule 3, Part I, paragraph 5 and—
(a)the surviving spouse [F3or civil partner] is entitled to child benefit in respect of a child [F4or qualifying young person] falling within subsection (3) below; F5...
(b)the surviving spouse is a woman who either—
(i)is pregnant by her late husband, or
(ii)if she and he were residing together immediately before the time of his death, is pregnant in circumstances falling within section 37(1)(c) above; [F6or
(c)the surviving civil partner is a woman who—
(i)was residing together with the deceased civil partner immediately before the time of the death, and
(ii)is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs].
(3)A child [F7or qualifying young person] falls within this subsection if F8... the child [F9or qualifying young person] is either—
(a)a son or daughter of the surviving spouse [F3or civil partner] and the deceased spouse [F3or civil partner]; or
(b)a child [F10or qualifying young person] in respect of whom the deceased spouse [F3or civil partner] was immediately before his or her death entitled to child benefit; or
(c)if the surviving spouse [F3or civil partner] and the deceased spouse [F3or civil partner] were residing together immediately before his or her death, a child [F10or qualifying young person] in respect of whom the surviving spouse [F3or civil partner] was then entitled to child benefit.
(4)The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [F11or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it for any period throughout which she or he—
(a)satisfies the requirements of subsection (2)(a) or (b) above; and
(b)is under pensionable age.
[F12(4A)The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he—
(a)satisfies the requirements of subsection (2)(a) or (b) above; and
(b)is under pensionable age.]
(5)A widowed parent’s allowance shall not be payable—
(a)for any period falling before the day on which the surviving spouse’s [F13or civil partner's] entitlement is to be regarded as commencing by virtue of section 5(1)(l) of the Administration Act; F14...
(b)for any period during which the surviving spouse [F3or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife; [F15or
(c)for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners].]
Textual Amendments
F1Ss. 39A-39C inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 52(2); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I
F2S. 39A(1)(1A) substituted for s. 39A(1) (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 12; S.R. 2017/44, art. 2(2) (with arts. 3, 4)
F3Words in s. 39A inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(2); S.I. 2005/3255, art. 2(1), Sch.
F4Words in s. 39A(2)(a) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 29(2)
F5Word in s. 39A(2) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F6S. 39A(2)(c) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(4); S.I. 2005/3255, art. 2(1), Sch.
F7Words in s. 39A(3) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 29(3)(a)
F8Words in s. 39A(3) repealed (7.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 47, 60(1), Sch. 8; S.R. 2008/339, art. 2(3)(a) (with art. 3(3))
F9Words in s. 39A(3) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 29(3)(b)
F10Words in s. 39A(3) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 29(3)(c)
F11Words in s. 39A(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(5); S.I. 2005/3255, art. 2(1), Sch.
F12S. 39A(4A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(6); S.I. 2005/3255, art. 2(1), Sch.
F13Words in s. 39A inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(3); S.I. 2005/3255, art. 2(1), Sch.
F14Word in s. 39A(5) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F15S. 39A(5)(c) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 74(7); S.I. 2005/3255, art. 2(1), Sch.
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